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Archive for ‘Substantive Law: Legislation’

AODA: Improving Accessibility Standards for Employment

The Ontario government is updating the accessible employment standards to make employment more accessible to people with disabilities. Consequently, the Employment Standards Development Committee would like to get interested stakeholders and the public’s feedback on the initial recommendations to the 2018 Review of the Employment Standards under the Accessibility for Ontarians with Disabilities Act (AODA).

The following is the Employment Standards Development Committee’s initial advice and recommendations on the initial proposed Employment Standards, itemized and organized by focus area, and some thoughts. . . . [more]

Posted in: Legal Information, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

PIPEDA Privacy Breach Notification Coming Nov 1

Effective Nov 1, 2018, businesses that have a privacy breach must give notice of the breach under PIPEDA – the privacy legislation affecting the private sector in most Canadian provinces. The final regulations containing the details are about to be published.

Here are the highlights.

When do I have to report?

If there is a privacy breach that “creates a real risk of significant harm to an individual”. That includes bodily harm, humiliation, damage to reputation, financial loss, identity theft. Risk factors to decide the reporting threshold are provided. The report must be made “as soon as feasible after the . . . [more]

Posted in: Substantive Law: Legislation

Parental Insurance Plan and Additional Employment Standards Changes Coming

On March 22, 2018, the Quebec government introduced Bill 174: An Act mainly to relax the parental insurance plan to promote better family-work balance. If enacted, this Act comes into force on the date of assent, except section 12, which comes into force on the date to be set by the Government.

The main changes in the Bill include:

1. Maternity benefits

  • Increase the period, currently 18 weeks, to 25 weeks, within which maternity benefits can be provided following the birth of a child.
  • Increase the number of weeks of maternity benefits for a multiple pregnancy. In the event of
. . . [more]
Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Significant Employment Law Changes Coming in Quebec

On March 20, 2018, the Quebec government tabled Bill 176, An Act to amend the Act respecting labour standards and other legislative provisions mainly to facilitate family-work balance to facilitate work-family balance and to modernize and reform Quebec labour standards. Labour Minister Dominique Vien said, "The many proposed changes take into account the new realities of workplaces, such as the changing family patterns, the aging population and ensuing retirements, and would encourage the retention of staff in a context of scarcity of labour." Measures in the Bill include: . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Manitoba Extending Parental Leave and Introducing Critical Illness Leave

On March 20, 2018, the Manitoba government introduced legislation that would amend the Employment Standards Code to, among other things, extend provisions for parental leave and leave for individuals to care for a critically ill adult family member.

The changes to the Employment Standards Code include: . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Apply for Trademarks Now to Save Money?

Canada has made significant changes to the Trademarks Act, mostly to make it more consistent with international practice. Anyone considering applying for a trademark might want to file before the new rules come into force.

What is the issue?

In early 2019 the trademark application process will undergo significant changes. The changes include:

  • Not having to state first use dates or declare actual use
  • Registration term reduced from the current 15 years to 10
  • Adoption of the class system and a class based fee structure
  • Proof of distinctiveness needed for some types of marks

Why does it matter?

CIPO fees . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Ontario Accessibility Compliance and Enforcement Report 2017

The 2017 Ontario Accessibility Compliance and Enforcement Report is now available online and outlines the activities undertaken by the Accessibility Directorate of Ontario in 2017 to oversee compliance with the Accessibility for Ontarians with Disabilities Act and its accessibility standards.

The report explains the results of the December 31st compliance reporting obligations of obligated organizations, and the various audits and inspections conducted by the Accessibility Directorate of Ontario in 2017. Overall, the report clearly indicates that there is a lot of enforcement work still needing to be done for Ontario to reach the goal of becoming an accessible province . . . [more]

Posted in: Legal Information, Legal Information: Information Management, Legal Information: Libraries & Research, Legal Information: Publishing, Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation, Technology, Technology: Internet, Technology: Office Technology

Recent Report of the Standing Committee on Access to Information, Privacy and Ethics

Written wholly by Christina Catenacci, BA, LLB, LLM, and PhD candidate at the University of Western Ontario

In February 2018, the Standing Committee on Access to Information, Privacy and Ethics released a report that summarized issues and recommendations concerning the Personal Information Protection and Electronic Documents Act (PIPEDA).

The report was authored by Bob Zimmer, the Chair of the Standing Committee, and presented to the House of Commons in the first session of the 42nd Parliament.

More specifically, the report was generated following the decision to undertake a review of PIPEDA. This review began February 14, 2017; it consisted of . . . [more]

Posted in: Justice Issues, Miscellaneous, Practice of Law, Practice of Law: Marketing, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation, Technology, Technology: Internet

Pay Transparency Legislation Introduced

On March 6, 2018, the Ontario government tabled Bill 203, Pay Transparency Act, 2018 to close the wage gap between women and men in the province by imposing significant obligations and restrictions on employers relating to the disclosure of information about the compensation of employees and prospective employees. The government says it will spend up to $50 million over the next three years on the initiative. . . . [more]

Posted in: Justice Issues, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

HR and Payroll Related Measures in the 2018 Federal Budget

On February 27, 2018, the federal government tabled its 2018-19 budget, the third budget for the sitting liberal government. The 2018-19 budget focuses on gender equality, economic growth, job creation and a strong middle class.

In his budget speech, federal Finance Minister Bill Morneau stated, “The Canadian economy is doing well-remarkably well. Over the last two years, hard-working Canadians have created nearly 600,000 new jobs, most of them full-time. Unemployment rates are near the lowest levels we’ve seen in over 40 years.”

The updated fiscal 2018-19 forecasted deficit is $18.1 billion, improved from the fall economic statement estimate of . . . [more]

Posted in: Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Draft OPC Position on Online Reputation and Public Consultation

On Friday, January 26, 2018, the Office of the Privacy Commissioner of Canada (OPC) released a draft of their position regarding online reputation and on how Canadians can better protect their online privacy and rights.

The draft report is the result of a 2016 consultation on online reputations. Through this consultation, the OPC was soliciting input from interested stakeholders about new and innovative ways to protect reputational privacy. Reputation and Privacy is one of the OPC’s four strategic privacy priorities. A summary of the 28 submissions received is posted online on the OPC website.

Summarizing the report

The draft . . . [more]

Posted in: Justice Issues, Miscellaneous, Substantive Law, Substantive Law: Foreign Law, Substantive Law: Legislation, Technology, Technology: Internet

Northwest Territories Tables Cannabis Legislation

On February 28, 2018, the government of the Northwest Territories tabled Bill 6, the Cannabis Legalization and Regulation Implementation Act. A complete copy of the legislation can be found here.

Under the draft legislation it is proposed that:

  • The Liquor Commission will be responsible for distribution and sale of cannabis in the NTW;
  • Cannabis will be sold in “cannabis stores”, which will initially be the existing liquor stores with the possibility of “cannabis-only” stores in the future;
  • Mail order purchase and delivery will be available;
  • Communities will be able to hold a plebiscite on whether to restrict or ban
. . . [more]
Posted in: Substantive Law: Legislation